40 results for 'cat:"Employment" AND cat:"Defamation"'.
J. Newman denies in part the hospital's motion to dismiss, ruling that it is not entitled to immunity on defamation claims brought by the doctor because both the false statements about the doctor's performance and the eventual editing of the employment report to cover up those false statements are fraudulent activities that abrogate immunity granted under the Health Care Quality Improvement Act. However, because the doctor failed to exhaust all administrative remedies under the Act prior to filing suit, the request for an injunction must be dismissed until he complies with exhaustion requirements.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: August 4, 2023, Case #: 3:22cv341, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: employment, Immunity, defamation
J. Gummer finds the trial court improperly ruled in favor of the state's assistant commissioner of health, who alleges he was fired after he made ethics complaints against the state police superintendent and was falsely accused by the governor of failing to disclose side consulting work. The governor's failure to conduct an investigation between the firing and a press conference addressing it says nothing about the statements made during the press conference. Reversed.
Court: New Jersey Appellate Division, Judge: Gummer , Filed On: August 2, 2023, Case #: A-3695-21, Categories: employment, defamation
J. Benton finds a lower court properly dismissed a former bank employee's sex discrimination and defamation claims against her former employer. The former bank employee argued that her termination violated the State's Human Rights Act. However, the bank provided sufficient evidence in court that she sexually harassed a co-worker inside of a bar, where she grabbed her breasts and attempted to stick her tongue down her throat. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: August 1, 2023, Case #: 22-2827, Categories: employment, defamation, Assault
J. Ryu partially grants the employer's motion to dismiss the employee's suit asserting defamation, invasion of privacy and related claims. The invasion of privacy claim is dismissed with leave to amend, since it is not clearly pleaded and cites a "constitutional right to privacy," to which she is not entitled as a non-resident of California. An anti-SLAPP motion seeking dismissal of claims under a non-disparagement section of the California Labor Code and for defamation fails.
Court: USDC Northern District of California, Judge: Ryu, Filed On: July 26, 2023, Case #: 4:23cv476, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: employment, defamation, Privacy
J. Axon dismisses a stagehand's defamation and other claims against a union related to its alleged relaying of lies about him to the director of a convention center, including a false accusation by a ballet dancer that the stagehand had stared at dancers during a performance. His claims are preempted by the Labor Management Relations Act, under which he has not made a claim.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: July 24, 2023, Case #: 2:23cv262, NOS: Labor/Management Relations - Labor, Categories: employment, defamation, Labor / Unions
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J. Ceresia finds that the lower court properly dismissed claims challenging the state human rights division's finding of "no probable cause" in a mid-level unit chief's claims that he was defamed when the state attorney general's office denied employee building-access records on the basis of endangering named workers. The chief portrayed the response as retaliation for employment discrimination claims he brought against his former employer, but the denial did not constituted an adverse employment action. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 22, 2023, Case #: 535962, Categories: defamation, employment Retaliation
Per curiam, the circuit finds that the district court properly dismissed employment discrimination and defamation claims brought after plaintiff was fired based on a video that went viral for its racial overtones. After a Central Park birdwatcher criticized plaintiff for walking her dog without a leash, she warned him that she would tell police an "African-American man was threatening [her] life"; indeed, her 911 call making this false claim was captured on video. Plaintiff contends she had been "characterized as a privileged white female...caught on video verbally abusing an African American male with no possible reason other than the color of his skin," but her employer had not mentioned plaintiff's race in a public statement addressing her termination. Meanwhile, claims contending her employer considered her a racist were not actionable since such constituted opinion. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 8, 2023, Case #: 22-2763-cv, Categories: defamation, employment Retaliation